beta
(영문) 수원지방법원 2019.07.25 2018나73270

제작 및 설치비

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On March 16, 2016, the Defendant entered into a contract with C to manufacture and install film-making machinery, such as the attached drawing, and requested the Plaintiff to manufacture the remainder (hereinafter “instant machinery”) excluding the part of pressure-explor (including “TC”), etc.

Around March 19, 2016, the Defendant reduced the supply amount under the attached Form No. 95250,000,000 won from the original written estimate presented by the Plaintiff.

B. After that, the Defendant: (a) requested the Plaintiff to make the production of additional tensions in KRW 8 million; (b) KRW 2 million; and (c) agreed that the Plaintiff and the Defendant made an agreement that the Plaintiff and the Defendant changed the RTV roll and 0350 roll to the RTV roll and 050 roll.

C. On May 15, 2016, the Plaintiff supplied part of the machinery that was requested by the Defendant to be manufactured by the Defendant to the place of installation without manufacturing it.

On the other hand, in addition to the instant machinery, the Plaintiff manufactured roller at the Defendant’s request, 4.5 million won, and manufactured a female hosting machine at the factory located in Scheon City, and supplied it to the Defendant at the factory located in Gyeongcheon-si, and 3.5 million won.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 4, 10 through 15 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion is KRW 51,195,00 (= KRW 101,895,000 for the manufacture of the instant machinery + KRW 101,895,00 for the production of the instant machinery (i.e., KRW 85,00 for the initial contract amount of KRW 85 million and KRW 1,50,000 for the additional production cost of KRW 1,50,000 for the 1,500,000 for the 1,50,000 Amerc-based 4,50,000 for the 1,50,000 won for the merc-based 4,50,000 for the 200,000 won for the 3,200,000 won for the raw material input of the instant machinery (= KRW 49,00 for the manufacture of the instant machinery)